Appellate Terms of the Supreme Court of New York, 1911

Spingarn v. National Surety Co.

Spingarn v. National Surety Co.
Appellate Terms of the Supreme Court of New York · Decided October 16, 1911
131 N.Y.S. 712 (New York Supplement)

Counsel

Joseph L. Prager, for appellant., Herman Kahn, for respondent.

Spingarn v. National Surety Co.

Opinion of the Court

PER CURIAM.

That portion of the order appealed from by the defendant relieved the plaintiff herein from giving security for costs *713in the action, pending an appeal to this court by him from an order opening the defendant’s default. See appeal in order No. 11. As we have affirmed that order, the order in this appeal is no longer operative, and we therefore need not determine as to its prior validity. Appeal dismissed, without costs or disbursements.

Affirmed without opinion.

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